MyFloridaCode.com

You ask... and one appears (but this is not, absolutely not, legal
advice)
 
I have only dealt with expired permits going back 19 years but the
issues are pretty much the same.  There are a number of questions to be
answered with this situation.   First and foremost, if the carport was
not signed off on, why is the window of issue being pushed separate from
the carport.  I would think that the process of legalizing the carport
should resolve the window issue (after the fact permit drawings should
just show no window). If there are other facts not put in here, maybe
I'm missing something.
 
It's not just a good lawyer you need-- it's a good "building code
lawyer."  I only know of one or two others beside me who really really
practice building codes  (doesn't mean there are not others).  
 
Good luck,
 
Robert
 
Robert S. Fine, Esq., AIA
Environmental, Land Development, Accessibility,
Building and Life Safety Codes Law
Board Certified in Construction Law
Greenberg Traurig, PA
1221 Brickell Avenue
Miami, Florida 33131
Tel: (305) 579-0826
Fax:(305) 961-5826
E-Mail:  FineR at gtlaw.com <mailto:FineR at gtlaw.com> 
________________________________

From: codetalk-bounces at myfloridacode.com
[mailto:codetalk-bounces at myfloridacode.com] On Behalf Of Pat Hoag
Sent: Tuesday, July 20, 2010 12:39 PM
To: 'David Ritter, '; codetalk at myfloridacode.com
Subject: Re: [Florida Code Talk] How far back can building department
goback on permits.



 A good lawyer

 

From: codetalk-bounces at myfloridacode.com
[mailto:codetalk-bounces at myfloridacode.com] On Behalf Of David Ritter,
Sent: Tuesday, July 20, 2010 12:11 PM
To: codetalk at myfloridacode.com
Subject: [Florida Code Talk] How far back can building department go
back on permits.

 

I represented a Buyer on a property in Dunedin, FL.  They bought a house
in 2009.  In 1979 Dunedin gave a permit on a carport and to cut in a
window.  The window was never started or complete and the carport was
not signed off on.  Dunedin is coming after the new homeowner wanting
them to get a permit to fill in a window that was never installed and
get a permit for the carport, which will not pass today's code.  They
are threaten a $250 a day fine un till this 31 year old permit is
satisfied.  Is this legal?  Can anyone recommend an attorney that is
willing to sue The City of Dunedin?  

Any input would be appreciated.

David Ritter, Broker

 


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